Is the Administrative Law Judge, Indian Probate Judge, or Bureau of Indian Affairs Decision in Effect During the Appeal?

Under 43 C.F.R. 4.314, ALJ and IPJ decisions are stayed during the 30 days in which you can file an appeal with the Board and, if an appeal is filed, during the time the appeal is pending before the Board. This means that the decision is not in effect during that time.

Under 25 C.F.R. 2.300 and 43 C.F.R. 4.314, generally, decisions of BIA officials are stayed during the time an appeal may be filed and, if an appeal is filed, during the time the appeal is pending before the Board. Again, the decision is not in effect during these time periods.

43 C.F.R. 4.21, which is part of OHA's general regulations and which requires that a petition for stay be filed with a notice of appeal, generally does not apply to appeals before either BIA or the Board. See Yakama Nation v. Northwest Regional Director, 47 IBIA 117 (2008). 43 C.F.R. 4.21 is a general OHA rule which is superseded by 43 C.F.R. 4.314, which is a specific regulation of the Board.

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